Derek M. Andre, Darren G. Rowles and William E. Burnett | Smith Gambrell & Russell | November 15, 2019 A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia. In ALA Construction Services,… Continue reading Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Category: Mechanics Lien Rights
Condominium Mechanic’s Liens
R. Thomas Dunn | Pierce Atwood | October 29, 2019 Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium. What did you improve? When assessing your rights under the applicable mechanic’s… Continue reading Condominium Mechanic’s Liens
Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Scott R. Murphy | Barnes & Thornburg | September 27, 2019 The Michigan Court of Appeals held that an arbitrator’s decision to award a contractor consequential damages on a construction lien claim warranted reversal even under the extremely narrow standard of review for arbitration awards. In reaching its decision, the court made the definitive ruling… Continue reading Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Alabama Supreme Court Clarifies Construction Lien Priority
Madeline Hughes and Stephen Pudner | Baker Donelson | September 17, 2019 The Alabama Supreme Court recently reinforced its policy of giving priority to construction lenders over materialmen in its holding in GHB Construction and Development Co., Inc. v. West Alabama Bank and Trust, 2019 WL 1416893 (Ala. 2019). GHB, a contractor, challenged the priority of… Continue reading Alabama Supreme Court Clarifies Construction Lien Priority
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Garret Murai | California Construction Law Blog | September 3, 2019 California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and services on a construction project. However, each is also different… Continue reading California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien